How is a wrongful death claim different from an estate claim?

Wrongful death and estate claims are two distinct legal processes with different goals. A wrongful death claim is a lawsuit that is brought by survivors of someone whose death was caused by another person or entity’s actions, negligence, or wrongful conduct. The wrongful death claim is brought to recover damages for the losses suffered by the survivors. The survivor may recover all economic losses, such as medical expenses, loss of income, or lost future earning capacity, as well as non-economic losses, such as pain and suffering. An estate claim is a legal case brought by the executor or administrator of the deceased individual’s estate. The goal is to recover the debts or property that the deceased person owed or owned. This includes debts from creditors, unpaid taxes, or other outstanding debts. The estate claim seeks to recover these losses for the benefit of the deceased’s heirs. The primary difference between a wrongful death and estate claim is the purpose of the lawsuit and the party who brings the suit. In a wrongful death claim, a survivor of the deceased individual may bring the lawsuit, whereas in an estate claim, the executor or administrator of the estate brings the lawsuit on behalf of the deceased individual. Additionally, the purpose of the wrongful death claim is to recover damages for losses suffered by the survivor of the deceased, while an estate claim seeks to recover debts owed or property owned by the deceased individual.

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How is a wrongful death claim different from an estate claim?

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